MCLS § 445.112
§ 445.112. Right of buyer to cancel home solicitation sale; time; notice of cancellation; restriction on
right to cancel; sale subject to debtor's right to rescind.
Sec. 2.
(1)
Except as provided in subsection (5), in addition to any right otherwise to revoke an offer, a
buyer has the right to cancel a home solicitation sale until midnight of the third business day after the day
on which the buyer signs an agreement or offer to purchase that complies with this act. The seller in a home
solicitation sale shall not acquire payment by having an independent courier service or other third party pick
up the buyer's payment at the buyer's residence until after the buyer's right-to-revoke period prescribed by
this act has expired.
(2)
Cancellation occurs when the buyer mails or delivers the notice of cancellation provided for in section
3(2) or any other written notice, or sends a telegram, to the seller at the address stated in the notice of
cancellation.
(3)
A notice of cancellation or other written notice, if mailed to the seller, is given when it is
deposited in a mailbox properly addressed and postage prepaid.
(4)
A written notice or telegram given by the buyer other than the notice of cancellation need not take a
particular form and is sufficient if it indicates by any form of written expression the intention of the buyer
not to be bound by the home solicitation sale.
(5)
A buyer may not cancel a home solicitation sale if the buyer requests the seller to provide goods or
services without delay because of an emergency, and all of the following conditions are met:
(a)
The seller in good faith makes a substantial beginning of performance of the contract before the buyer
gives notice of cancellation.
(b)
The buyer furnishes the seller with a separate dated and signed personal statement in the buyer's
handwriting describing the situation requiring immediate remedy and expressly acknowledging and waiving the
right to cancel the sale within 3 business days.
(c)
In the case of goods, the goods cannot be returned to the seller in substantially as good condition as
when received by the buyer.
(6)
If a home solicitation sale is also subject to the debtor's right to rescind certain transactions, the
buyer may proceed either under those provisions or under this section.
